The Memphis appeal. [volume] (Memphis, Tenn.) 1886-1890, 1887-11-17

The first matterto dispose OF in the crimi-
nal court yesterday morningl was the mo-
ton Of w. p CoiTman's counsel to have
their client discharged from custody, be-
cause States witness .Thorn's testimony
had not been coTobonted by other wit
ncsses. Upon that motion Judge DuBose
made the iollowingmling.
"Aiter the State had closed It's evidence
in chief, the defendant moved the court
to withdraw the ease from the jury and
discharge the defendant, on the ground
that the main witness for the State was an
accomplcc in the murder charged, and
not hcing corroboraied by other witnesses
or evidence, cannot be believed, aud with
out such confederation there is not suili-
Cicnt evidence TO warrant the conviction Of
defendant. In order that the court should
lend willing ear TO the appeal of defend
ant on his said motion, IL would be
necessary that the evidence in the record
should show that the main witness Thorn
was in fact an accomplish in the murder
OF which defendant is charged. The wit
ness denies this, and taking his statement
a. true iand there is no evidence as yet TO
dispUye 10 he absolutely refused to par.
ticipatc in the killing which was contem-
plated and deliberately planned. An ac-
complete Is person who knowingly, vio-
lcntly and with common intent with
the principal offender unites in the
commission of n crime. The
co-opcrli lon must he real; not merely APP
parent IN each Of the cases TO which
this court has been referred by counsel Of
defendant as decided by our supreme
court, the witnesses were confessed accom-
plices, and had united with the other de-
PENDANTS indicted in the commission Of
crime, Tor which they were tried, and in
that respect differs from the present case.
That the court may consider in favorable
light the motion OF the defendant il is not
only necessary that the evidence, rs al
ready heard 10y witness ON the stand
should disclose the TACT that the main wit
ness Of the State was an accomplicc in the
crime, but there was no confirmation of
the accomplice's testimony rs 10 any par
ticular points, and after all, this is a mat
Ter for thc consideration Of the jury, and
not the presiding judge. The supreme
court ha, laid down the rule for our guild
ancr. and Is in this language. 'On the
whole, we declare the rule Of law, and not
merely OF practice In this state, 10 be that
the confirmation ought Ia bc such. aud 80
many parts OF the accomplicc's narrative
ns may reasonably satisfy the jury that lac
Is telling the truth, without restricting the
confirmation 10 any particular points, and
leaving the effect ol such confirmation 10
the consideration OF the jury, and | viii
add, pm uppusing such witness IN bc m
nccomrlirc. For such reasons n herein
given. the court Is Oi opinion thlt the mo.
lion should bc ovcuulcd"
The hearing Of evidence for the defense
was then begun, and Dr. n. j. &. lindlcy, !
Of Oh.On county, Kentucky. vas iirst put |
on the stand. Tie testified b. the good |
character and reputation OF Goldman, who |
lived near him Tor some years
DIR. Nilhi0rd, OF this city, was next in
iroduccd. lie said that rs jail physician
o. had visited Goldman after his imprison-
lncnt and found him suffering from severe
bruises IN the side.
". g. Drake, 81 McIain county. Ken
lucky, was introduced ~ a character wit
nr-s
W. L. Wymonl. OF the Louisville coop.
erlrr cpmIany, also gave the driandlnta
good UpuHiiun and general character be-
having employed and had irequpnt bust
nGs connections with him.
nlnir' NclNonll I. r. buchanan and
Sam Buchanan, OF Obiun county. wurr put
on the stand In the ouicr uaned aui trsti-
bed 10 Coiimans good character while he
lived In their county. They an said that
he cmr Dyed r large number Of men 10 hia
siaye-uIi. aud thourh a great many we're /
.H. ~ q I'D.
Goldman temper ncvur ave way. hut be- |
always Tr-uyd The even tenor Oi his /
WAY. uni scs as -crsne "a, May morning
Nlai,F.r was che occasion.
Dr. Raymond. living six miles from
Brua.v <. trs'iiei 'o the excellent cpu.
tI'ln U' 'I alleged murderer. o. iIr rs ~,
inev. boz ihe ue.slDlrho1d IN which he
lat ArrL
J. %. MeCan'oy. q irrmer 81 the Firt
a--if-.t, i.--..- . siiai.af statement rOgsri.
ing t1amlu.s reputation Tor peace and
sol ORDER
Dr. liam. oi Brunswick. aid h. had
luluu ..r asi hd11t ever since he came
9 DE- -hbl.hJld. aud his reputation
bal a.vuy- be'n tlat Il an honorable.
p-iHean.e uau. IT, knew IN n.r0. jim
Eastman. vaD aas Killed amsuiA ~ mon,
bti0is Doc death. tg.rg called by ilr. Coz.
man o. attend him In ease 81 siCkncss.
lie s-If DO didn't ere how a man with a
broken rI could rJi about. lle might
Na.k q u..g OBJ mUW 81 Dee was careful Lad
took amr. Witness said lac slW Goldman
NC DAY '".gfv Joe Wa committed to iail al
Brunswick, walking about lie laid down
IN .lorn once and had 90 be- helped up.
II WIS mriu iUr man with broken ribs
70 e. up ium O reclining position than to
walk about
hyw dispositions Of parties IN Illinois
.9a'mus thc character ~ the witness
MON we've read. The evidence showed
WAT Thorn WIS a disupuiablc man. aud
Wa not 10 hr hclioycdon oath. Ilpwpnt Ia
Illinois from Mississippi, who're IL was said
ne bad killed q ncgro. lie married q re-
spectacle lady there, whom u Is stated hc
deserted iimc after time
Mt. 'url1c, WAGNER NJ Con'mau's min.
VAS lhcn ~ On The stand He hust told
OF IgiWfis good character. Then hc
tuo illt Eastman was ON bad terms with
teWfl "i Tie men % the mill. Thorn had
u''h heard % eNprV prWitv 90 the NEGRO
hcc, though he anil Eastman never had
any trouble. Thorn hal avery lad rcputa.
uon among h' r.'I hands or truth. Wit.
h,'s sIlI DE- wouldn't believe him on oath
ne oHrr u.4 .0mfiling t0 witness about
having o. leave Mississippi bccauae oi kill.
ing anrg1 heIe. Witness stated that be
an '.hl0n Dad always been on the very
best Of terms
Aiiu pur.ar stood aside Con. Wngh,
frad 2 supplementary statement from Jus.
uce Hughes. saving that Easiman's hands
and feet when DIS body WIS pulled ont Of
The wai"r were free The rope around
The suck was o small tWine. Then L wa,
tialed That The rope which Thorn said
C0fUau Iifd the po..,, ,,.,tt -. ..f..,.t .